Lewis v. Southwest Airlines Co.
ORDER denying 19 Motion to Remand. Signed by Chief Magistrate Judge Joseph C. Spero on June 8, 2016. (jcslc2S, COURT STAFF) (Filed on 6/8/2016)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
United States District Court
Northern District of California
Case No. 16-cv-00749-JCS
ORDER DENYING PLAINTIFF'S
MOTION TO REMAND
SOUTHWEST AIRLINES CO.,
Re: Dkt. No. 19
On June 7, 2016, Plaintiff Justin Lewis filed a Motion, dkt. 19, requesting that the Court
vacate its venue transfer order, dkt. 18, and remand the case to California Superior Court, County
of Alameda. Lewis argues that he lacks Article III standing under the Supreme Court’s recent
decision in Spokeo, Inc. v. Robbins, 136 S. Ct. 1540 (2016), and the case must be remanded to
state court. Mot. at 3–6. Because the standing issue that Lewis raises is not straightforward, the
Court was not required to determine that jurisdictional issue before properly transferring the case
to the Northern District of Texas. S.F. Tech., Inc. v. Adobe Sys. Inc., et al., Nos. CV 10-01652 RS,
C 09-6083 RS, 2010 WL 1640397, at *2–3 (N.D. Cal. Apr. 19, 2010) (citing Sinochem Int’l Co. v.
Malaysia Int’l Shipping Corp., 549 U.S. 422, 431–432 (2007); In re: LimitNone, LLC, 551 F.3d
572, 577 (7th Cir. 2008); Pub. Emps.’ Ret. Sys. of Miss. v. Morgan Stanley, 605 F. Supp. 2d 1073
(C.D. Cal. 2009)). Lewis’s Motion is therefore DENIED and the hearing scheduled for August
12, 2016, is vacated.
IT IS SO ORDERED.
Dated: June 8, 2016
JOSEPH C. SPERO
United States Magistrate Judge
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